Railroad Lawsuits and Asthma
Railroad workers often are exposed to fumes and toxic chemicals like creosote, silica, and asbestos. These exposures can lead to respiratory diseases like asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer can aid. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Since trains run on diesel fuels, railroad employees are exposed all day to diesel fumes. These fumes comprise a mix of tiny soot particles, gases, and other toxic chemicals that can cause serious health problems. The exposure to these fumes can be a contributing factor to the development of asthma and other lung illnesses.
Railroads have known about the dangers of exposure to diesel exhaust for a long time. Many companies have not taken appropriate measures to safeguard their workers. As a result, many railroad workers have developed respiratory ailments that are severe and debilitating.
Excessive exposure to diesel fumes when combined with other workplace hazards such asbestos, creosote or silica, can lead to life-changing lung diseases, including asthma. These symptoms can prevent railroad workers from returning to their work, and can even impact their quality of life.
In one case the attorneys of our firm successfully defended an FELA claim asserted by a former engineer who claimed to have contracted leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgement for the railroads in question, deciding that Plaintiff did not conduct a reasonably diligent research into the details of his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Railroad workers are frequently exposed to various kinds of dust, including silica from ballast, coal dust, and petroleum or chemical fuels. These toxic substances can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has helped a number of people seek compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to demand accountability from their employers for failing to protect workers from hazardous work environments.
For cancer lawsuits for instance, a Montana jury awarded $3.7 million to a former engineer of the locomotive who was diagnosed with pulmonary fibrosis, which is a progressive lung disease that is caused due to scarring of the lung tissue. In his FELA claim, he claimed that inhaling diesel fumes hundreds if no thousands of times contributed to the development and the progression of his lung condition. Jurors were not convinced by the testimony of defense experts that the locomotive engineer's lung disease must have a different source.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train passes through the Gorge it pollutes the sensitive habitats for wildlife and plants, tributary streams, wetlands, and the Columbia River with coal dust and debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Railroad workers have long been exposed to hazardous chemicals. While asbestos has been largely eliminated from the workplace, other harmful substances are still. Chemical solvents, for example, have been identified as causing asthma and other respiratory illnesses. Railroad employees may sue their employers to seek compensation.
In Bladder cancer lawsuit , a 61-year-old engineer for the locomotive received $2.6 million after a jury's verdict revealed that his job at the railroad made him suffer from diesel asthma. This illness caused him to be on medical leave and lost wages. He also underwent two back surgeries, including the multilevel lumbar spine fuse. All of this added up to huge medical costs.
He claimed that He was exposed to diesel exhaust fumes and strong smells. He also stated that his body was constantly exposed silica particles, chemical compounds, spray paints, and black smoke. Bladder cancer lawsuit tightened up, his throat was aching and he had difficulty swallowing. He was suffering from allergies and bronchitis, as well.
The railroads successfully argued the releases that plaintiff signed in 1996 should block his new suit since they knew about the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer in order to allow him time to seek medical attention and determine if the illness is connected to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer, lung diseases, mesothelioma or any other type of cancer that could be caused by working in the railroad industry, then you may have the right to file a lawsuit under FELA against the corporation who employed you. FELA lawsuits can provide compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to a former Conrail engineer in the course of his occupational disease trial after determining the source of his asthma-related debilitating condition. The jury found that his exposure to diesel exhaust fumes was constant while crewing locomotives in rail yards. The plaintiffs' lawyers argued that railroads failed in their duty to avoid exposure by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. In the construction and maintenance of railroad material, asbestos, benzene and other carcinogens are found. These harmful materials can cause various types of cancers and serious health problems, such as asthma.
If you have asthma that arose due to your railway work, or in the case of a loved one who has been diagnosed with cancer that could be linked to the rail industry in any way, hiring a Houston FELA lawyer can help you to hold your employer accountable for their negligence. By contacting a seasoned lawyer as soon as you can you will increase your chances of obtaining the financial compensation you deserve for your suffering and losses.